MARITIME AND PORT AUTHORITY OF SINGAPORE SHIPPING CIRCULAR TO SHIPOWNERS NO. 08 OF 2013

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1 MARITIME AND PORT AUTHORITY OF SINGAPORE SHIPPING CIRCULAR TO SHIPOWNERS NO. 08 OF 2013 MPA Shipping Division 460 Alexandra Road #21-00, PSA Building Singapore Fax: July 2013 Applicable to: Shipowners, shipmanagers, operators, masters and crew of Singapore-registered ships, classification societies and the general shipping community. MARITIME LABOUR CONVENTION FINALISED REQUIREMENTS FOR COMPLIANCE WITH THE MARITIME LABOUR CONVENTION 1. Singapore is a party to the Maritime Labour Convention 2006 (MLC), which will come into force on 20 August The MLC applies to all SRS ships ordinarily engaged in commercial activities. In addition, ships of 500 gross tonnage and above are required to carry and maintain a Maritime Labour Certificate and a Declaration of Maritime Labour Compliance (DMLC) This Circular provides updates on the certification process and provides the finalised requirements for the DMLC Part I. This updates the provisional requirements for the DMLC Part I earlier provided in MPA Shipping Circular No. 18 of 2012, dated 07 November The MLC Tripartite Working Group 2 has agreed for the MLC not to apply to Mobile Offshore Drilling Units (MODUs). A MODU, as defined by the International Maritime Organization (IMO) MODU Code, is a vessel capable of engaging in drilling operations for the exploration for or exploitation of resources beneath the sea-bed such as liquid or gaseous hydrocarbons, sulphur or salt. MPA will be adopting this position, and this would subsequently be reflected in our national legislation. For the case of Floating Production, Storage and Offloading units and other similar units that 1 SRS ships below 500 gross tonnage are required to comply with the MLC but are not required to be certified. Such ships may attain MLC certification at the shipowner s request. 2 Chaired by the MPA and comprising the tripartite partners - the Singapore Maritime Officers Union (SMOU), Singapore Organisation of Seamen (SOS), the Singapore Shipping Association (SSA) and the Singapore Maritime Employers Federation (SMEF). 1

2 are issued with MODU Safety Certificates but are not MODUs as defined by the IMO MODU Code, the application of the MLC will be considered at a later date. Certification 4. The DMLC consists of two parts. The DMLC Part I is prepared and issued by MPA and contains the national requirements. The DMLC Part II is to be prepared by the shipowner and contains the measures to ensure compliance with the DMLC Part I. 5. A Maritime Labour Certificate shall be issued to a ship after verification, via inspection, that the ship (including its DMLC Part II) is in compliance with national requirements (as detailed in the DMLC Part I) and applicable MLC requirements. MPA has authorised our 9 Recognised Organisations (ROs) to conduct the inspections and to issue the Maritime Labour Certificate, on behalf of MPA. 6. MPA requires all SRS ships to comply with the MLC by 20 August However, there will be a transition period while Singapore s national laws and regulations are being promulgated. The International Labour Organization (ILO) has requested Members to give due consideration to allowing ships to continue to operate for a one year period following 20 August 2013 without the Maritime Labour Certificate and the DMLC (please see ILO Resolution XVII in Annex A). As part of the implementation of MLC for the SRS fleet, MPA will be adopting transitional arrangements as detailed below. Transitional arrangement pending full certification 7. To facilitate the transition to full MLC certification, MPA requires all SRS ships of 500 gross tonnage and above to obtain a Statement of Compliance by 20 August Shipowners are to approach any of our 9 ROs to obtain a Statement of Compliance. 8. The Statement of Compliance will serve as proof of compliance with the requirements of the MLC during the transition period, and is to be carried on board until the ship is issued with a Maritime Labour Certificate. Shipowners are advised to ensure that a copy of ILO Resolution XVII and this Circular are also carried on board their ships. 9. Following the promulgation of Singapore s national laws and regulations, all SRS ships of 500 gross tonnage and above are to be issued with a Maritime Labour Certificate by 31 March Declaration of Maritime Labour Compliance Part I 10. MPA has, in consultation with the MLC Tripartite Working Group, finalised the list of national requirements of the DMLC Part I. A table indicating the updates to the DMLC Part I, relative to the provisional requirements earlier provided in MPA Shipping Circular No. 18 of 2012, is available in Annex B. 2

3 11. As part of MPA s efforts to facilitate the industry s preparations, a transitional ship-specific DMLC Part I has been prepared for all applicable SRS ships by MPA, and will be posted to the shipowners appointed resident managers at no charge. notifications will be sent to shipowners appointed managers beforehand, whereupon they may indicate if they prefer to make other arrangements. Shipowners are to use the transitional ship-specific DMLC Part I to draw up the DMLC Part II and proceed with obtaining a Statement of Compliance. 12. A sample copy of the transitional DMLC Part I can be found in Annex C. 13. For SRS ships that have already obtained a Statement of Compliance based on the provisional list of requirements of the DMLC Part I provided in MPA Shipping Circular No. 18 of 2012, shipowners are to update their DMLC Part II based on the transitional ship-specific DMLC Part I (where applicable) and obtain an updated Statement of Compliance by 20 August Following the promulgation of Singapore s national laws and regulations, a mandatory ship-specific DMLC Part I 3 will be issued to shipowners to obtain a Maritime Labour Certificate by 31 March As part of the implementation of the MLC, the first mandatory DMLC Part I will be issued at no charge to existing SRS ships. MPA will announce in due course the fees chargeable for the issuance of subsequent mandatory DMLC Part I. 15. Any queries regarding this circular should be directed to: Mr Benjamin Wong ( Benjamin_K_L_WONG@mpa.gov.sg; Tel: ) Ms Irene Goh ( Irene_T_L_GOH@mpa.gov.sg; Tel: ) Mr Samuel Soo ( Samuel_SOO@mpa.gov.sg; Tel: ) Mr Glendon Goh ( Glendon_GOH@mpa.gov.sg; Tel: ) CHEONG KENG SOON DIRECTOR OF MARINE MARITIME AND PORT AUTHORITY OF SINGAPORE 3 The mandatory DMLC Part I will have some textual and formatting differences from the transitional DMLC Part I, but no substantial changes are expected. 3

4 Annex A Resolutions adopted by the International Labour Conference at its 94th (Maritime) Session (Geneva, February 2006) XVII Resolution concerning the practical implementation of the issue of certificates on entry into force 1 The General Conference of the International Labour Organization, Having adopted the Maritime Labour Convention, 2006, Recalling Article VIII, paragraph 3, concerning the entry into force 12 months after the date on which the required number of ratifications have been registered, Noting that flag States and recognized organizations would not be in a position to recruit, train and have in place a sufficient number of inspectors until there is a good degree of confidence as to the probable date of entry into force, Noting that even when a sufficient number of inspectors is in place to ensure a continuing level of inspection and enforcement, it will not be possible to review, inspect and certify all the ships (possibly 40,000 ships) required to carry a maritime labour certificate and declaration of maritime labour compliance within the 12 months before entry into force, Noting also that should this certification effort be accomplished notwithstanding, these inspectors will be largely idle until the next peak of inspections two years after entry into force, Recognizing the practical difficulties in providing a maritime labour certificate and a declaration of maritime labour compliance to all ships immediately following entry into force; Requests governments to develop plans, which will ensure the phasing in of certification requirements starting with bulk carriers and passenger ships no later than 12 months after the date on which there have been registered ratifications by at least 30 Members with a total share in the world gross tonnage of ships of at least 33 per cent, 1 Adopted on 22 February

5 Requests further that, during a period of one year following the initial entry into force of the Convention, Members (both flag and port States) give due consideration to allowing ships to continue to operate without the certificate and declaration referred to, provided that their inspectors have no evidence that the ships do not conform to the requirements of the Convention. 5

6 Annex B Updates to the DMLC Part I The table in this Annex indicates the updates to the DMLC Part I. 2. Medical Certification (Regulation 1.2) 4. Seafarers employment agreements (Regulation 2.1) Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of The nature of the medical examination is to be in accordance with the ILO/WHO Guideline for Conducting Pre-Sea and Periodic Medical Fitness Examinations for Seafarers (ILO/WHO/D.2/1997), including any subsequent versions..3 Shipowners shall ensure that clear information on the conditions of employment, including a copy of the seafarers employment conditions, are easily obtainable on board by seafarers, and accessible for review by officers of a competent authority, including those in ports to be visited..4 Shipowners shall ensure that all seafarers are given a document containing a record of their employment on board the ship (such as an appropriate Seaman s Discharge Book ), and that 6 DMLC Part I MPA Shipping Circular No. 08 of The nature of the medical examination is to be in accordance with the IMO-ILO Guidelines on the Medical Examination of Seafarers (STCW.7/Circ.19), including any subsequent versions..3 Shipowners shall ensure that clear information on the conditions of employment, including a copy of each of the seafarers employment agreements, are easily obtainable on board by seafarers, and accessible for review by officers of a competent authority, including those in ports to be visited. The seafarers employment agreements may be kept on board in electronic format provided they are readily available and can be printed off if required by individual seafarers or Flag State or Port State Inspectors..4 Shipowners shall ensure that all seafarers are given a document containing a record of their employment on board the ship (such as an appropriate seafarers discharge book), and that

7 6. Hours of work or rest (Regulation 2.3) Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of 2012 this document shall not contain any information on the quality of the seafarer s work or their wages..5 The format of the seafarers employment agreement, prescribed by the Director and which shall be used on board Singapore-registered ships, is contained in Shipping Circular xx of 2012, as updated from time to time on MPA website: Any collective bargaining agreement will be incorporated as part of a seafarers employment agreement where appropriate and in accordance with [national laws]. [Note: The reference to national laws is still under review].2 Exceptions from the required hours of rest in paragraph 1 can be allowed provided that rest period is not less than 70 hours in any 7-day period and shall not be allowed for more than two consecutive weeks. The intervals between two periods of exceptions on board shall not be less than twice the duration of the exception taking into account the guidance regarding prevention of fatigue given in Code B of the STCW 2010 (Manila 7 DMLC Part I MPA Shipping Circular No. 08 of 2013 this document shall not contain any information on the quality of the seafarer s work or their wages..5 Shipowners shall ensure that the seafarers employment agreement must, at minimum, contain the required information as listed in Standard A2.1.4 of the Maritime Labour Convention, The details of compliance are contained in Shipping Circular 06 of 2013, as updated from time to time on MPA website: Nil.2 Provisions in a collective agreement or any other agreement between a seafarer and a shipowner may set out exceptions from the required hours of rest in paragraph 6.1 for watchkeeping seafarers certified under STCW for watchkeeping duties, provided that the following conditions are met:.i The minimum hours of rest shall not

8 Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of 2012 Amendments). DMLC Part I MPA Shipping Circular No. 08 of 2013 be less than 10 hours in any 24-hour period, and not be less than 70 hours in any 7-day period, and such reduced rest periods shall not exceed 2 consecutive weeks, and the intervals between any 2 reduced rest periods shall not be less than twice the duration of the preceding rest period..ii.iii.iv The minimum hours of rest may be divided into no more than three periods, one of which shall be at least 6 hours in length and neither of the other two periods shall be less than 1 hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. There shall not be more than two 24-hour periods of reduced rest in any 7-day period..v Exceptions shall take into account the guidance regarding prevention of fatigue given in Code B of the 8

9 Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of 2012 DMLC Part I MPA Shipping Circular No. 08 of 2013 STCW 2010 (Manila Amendments)..vi.vii Exceptions when given shall take into account more frequent, or longer leave periods or compensatory leave. The Merchant Shipping (Training, Certification and Manning) Regulations are complied with at all times. Nil.3 Additionally, provisions in a collective agreement or any other agreement between a seafarer and a shipowner may also set out exceptions from the required hours of rest in paragraph 6.1 for all seafarers whose ship is on a short voyage. (In this document, a short voyage means a voyage where, within any 24-hour period, the ship calls at two or more terminals, or locations where any loading or unloading of cargo, or embarkation or disembarkation of persons, occurs. The 24-hour period shall commence when the ship is first secured at the terminal or location where the short voyage begins.) Such exceptions shall meet the same conditions specified in paragraphs 6.2 above. 9

10 Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of 2012 DMLC Part I MPA Shipping Circular No. 08 of 2013 Nil [New paragraph inserted after.3].4 The provisions setting out exceptions from the required hours of rest referred to in paragraph 6.2 and 6.3 shall be registered with the Director. 10. Food and catering (Regulation 3.2) 11. Health and safety and accident prevention (Regulation 4.3) 12. On-board medical care (Regulation 4.1).3 Shipowners shall ensure that seafarers who are engaged as ships cooks are trained, qualified and found competent in accordance with the requirements in Shipping Circular No xx of 2012, as updated from time to time on MPA website: The shipowner or the master of the ship are required to report to the Director occurrences of occupational accidents, injuries and diseases on board ships, and to also correct unsafe conditions. Reports are required if the accident, injury or disease renders the crew unfit for work for more than 3 consecutive days or hospitalised for at least 24 hours..2 The format of the medical report form prescribed by the Director and which shall be used by shipmasters and relevant onshore and on board medical personnel is contained in Shipping Circular xx of 2012, as updated from time to time on MPA website: Shipowners shall ensure that seafarers who are engaged as ships cooks are trained, qualified and found competent in accordance with the requirements in Shipping Circular 03 of 2013, as updated from time to time on MPA website: Shipowners or masters are required to report to the Director occurrences of occupational accidents, injuries and diseases on board ships, and to also correct unsafe conditions. Details of reporting requirements are contained in Shipping Circular 04 of 2013, as updated from time to time on MPA website: The format of the medical report form prescribed by the Director and which shall be used by shipmasters and relevant onshore and on board medical personnel is contained in Shipping Circular 06 of 2013, as updated from time to time on MPA website: 10

11 13. On-board complaint procedures (Regulation 5.1.5) Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of Shipowners shall ensure that all ships have the on board complaint procedures, as prescribed by the Director, for the fair, effective and expeditious handling of seafarer complaints alleging breaches of MLC Shipowners shall ensure that all seafarers working on board any ship have a copy of the on board complaint procedures, as prescribed by the Director. This shall include contact information for the competent authority in the flag State [MPA to provide contact information] and, where different, in the seafarers' country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship..3 The on board complaint procedures, as prescribed by the Director, is contained in Shipping Circular xx of 2012, as updated from time to time on MPA website: DMLC Part I MPA Shipping Circular No. 08 of Shipowners shall ensure that all ships have a set of on-board complaint procedures, as required under Regulation and Standard A5.1.5 of the Maritime Labour Convention, 2006 (MLC), for the fair, effective and expeditious handling of seafarer complaints alleging breaches of MLC..2 Shipowners shall ensure that all seafarers working on board any ship have a copy of the onboard complaint procedures. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers' country of residence, and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship..3 Details of on-board complaint procedures and information of contact details in the flag State are contained in Shipping Circular 06 of 2013, as updated from time to time on MPA website: 11

12 14. Payment of wages (Regulation 2.2) Provisional Requirements of the DMLC Part I MPA Shipping Circular No. 18 of Shipowners shall ensure that transmissions of earnings by seafarers to at least one account designated by the seafarer shall be provided free of charge. Where more than one account has been designated by the seafarer, allotments to any subsequently designated account(s) shall be provided at a reasonable charge. DMLC Part I MPA Shipping Circular No. 08 of Any charge for the service under paragraph 14.4 shall be reasonable in amount. 12

13 Annex C Serial No. DMLC(P) /0001/2013 MARITIME LABOUR CONVENTION, 2006 DECLARATION OF MARITIME LABOUR COMPLIANCE PART I 1 (Note: This Declaration must be attached to the ship s Statement of Compliance 2 ) Issued under the authority of: THE MARITIME AND PORT AUTHORITY OF SINGAPORE With respect to the provisions of the Maritime Labour Convention, 2006, the following referenced ship: Name of Ship IMO Number Gross Tonnage is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: (a) the provisions of the Maritime Labour Convention are fully embodied in the national requirements referred to below; (b) these national requirements are contained in the provisions of this Declaration; explanations concerning the content of those provisions are provided where necessary; (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided < under the corresponding national requirement listed below>< in the section provided for this purpose below> (strike out the statement which is not applicable) (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below; and (e) any ship-type specific requirements under national legislation are also referenced under the requirements concerned. 1. Minimum age (Regulation 1.1).1 The minimum age for any seafarer to be employed, engaged or work on board a Singapore-registered ship is 16 years..2 A young seafarer means any person between the ages of 16 years and 18 years..3 Night is defined as a period of not less than nine consecutive hours between 2100 hours and 0600 hours in the time zone that the ship is in. 1 This Declaration of Maritime Labour Compliance is valid until 31 March The Statement of Compliance, to which this document is attached, shall be taken as proof of compliance by Singapore ships with the requirements of the Maritime Labour Convention,

14 .4 Night work for seafarers under the age of 18 years is prohibited, except:.i for the purposes of training in accordance with established programmes and schedules approved by the Director; or.ii where the Director determines that the specific nature of the work is such that it cannot be carried out at any other time..5 In making any determination under paragraph 1.4.ii, the Director shall have regard to the impact on the health or well-being of the seafarer of such work..6 Young seafarers shall not be employed in any hazardous work on any ship. Hazardous work means any of the following work:.i lifting, moving or carrying of heavy loads or objects;.ii.iii.iv entry into boilers, tanks and cofferdams; exposure to harmful noise and vibration levels; operating hoisting and other power machines and tools, or acting as signallers to operators of such equipment;.v handling mooring or tow lines or ground tackle;.vi.vii.viii.ix rigging; work aloft or on deck in heavy weather; servicing of electrical equipment; exposure to potentially harmful materials or harmful physical agents such as dangerous or toxic substances and ionizing radiations;.x the cleaning of catering machinery; and.xi the handling or taking charge of ship s boats, and any other work which is likely to jeopardize a person s health or safety that is specified by the Director in writing as hazardous work. 2. Medical certification (Regulation 1.2).1 Shipowners shall ensure that, prior to beginning work on a ship, any seafarer employed holds a valid medical fitness certificate attesting that the seafarer is medically fit to perform the duties they are to carry out on board the ship..2 Medical fitness certificates to seafarers are to be issued in accordance with provisions of section A-I/9 and guidelines in B-I/9 of the revised STCW Code outlined in MPA Shipping Circular 18 of 2011, as updated from time to time on MPA website: 14

15 The Director accepts valid medical fitness certificate issued by the following:.i a medical practitioner recognised by a Maritime Labour Convention State Party and familiar with guidelines for conducting pre-sea and periodical medical fitness examinations for seafarers published by IMO, ILO or WHO;.ii.iii.iv a medical practitioner recognised by a STCW State Party on the STCW White List (see IMO document MSC.1/Circ.1163/Rev.4 dated 8 June 2009, as updated from time to time); a registered medical practitioner licensed to practice in Singapore and familiar with guidelines for conducting pre-sea and periodical medical fitness examinations for seafarers published by the IMO, ILO or WHO; or a medical practitioner whose medical certification is accepted by the Director..4 The maximum validity for medical fitness certificate is two years, and one year for seafarers under the age of 18 years. The maximum validity for colour vision is six years..5 The nature of the medical examination is to be in accordance with the IMO-ILO Guidelines on the Medical Examination of Seafarers (STCW.7/Circ.19), including any subsequent versions. 3. Qualifications of seafarers (Regulation 1.3).1 All seafarers working on board any ship shall be trained or certified as competent or otherwise qualified to perform their duties..2 All seafarers working on board any ship shall successfully complete training for personal safety on board ship..3 Training and certification in accordance with the mandatory instruments adopted by the International Maritime Organization, including the STCW Convention, is considered as meeting the requirements of paragraphs 3.1 and 3.2 above. 4. Seafarers employment agreements (Regulation 2.1).1 All seafarers working on board any ship shall each have a signed original of the seafarers employment agreement, and the agreement is to be signed by both the seafarer and the shipowner or a representative of the shipowner..2 All seafarers shall have the opportunity to examine and seek advice on the terms and conditions in their seafarers employment agreement before signing..3 Shipowners shall ensure that clear information on the conditions of employment, including a copy of each of the seafarers employment agreements, are easily obtainable on board by seafarers, and accessible for review by officers of a competent 15

16 authority, including those in ports to be visited. The seafarers employment agreements may be kept on board in electronic format provided they are readily available and can be printed off if required by individual seafarers or Flag State or Port State Inspectors..4 Shipowners shall ensure that all seafarers are given a document containing a record of their employment on board the ship (such as an appropriate seafarers discharge book), and that this document shall not contain any information on the quality of the seafarer s work or their wages..5 Shipowners shall ensure that the seafarers employment agreement must, at minimum, contain the required information as listed in Standard A2.1.4 of the Maritime Labour Convention, The details of compliance are contained in Shipping Circular 06 of 2013, as updated from time to time on MPA website: The minimum notice period for early termination is not less than 7 days, or payment-in-lieu for shorter notice. 5. Use of any licensed or certified or regulated private recruitment and placement service (Regulation 1.4).1 Seafarer recruitment and placement service refers to any person, company, institution, agency or other organisation which is engaged in recruiting seafarers on behalf of shipowners or placing seafarers with third party shipowners. Services based in Singapore.2 All seafarer recruitment and placement services based in Singapore shall apply for and attain an Employment Agency Licence, issued under the Employment Agency Act by the Ministry of Manpower..3 All seafarer recruitment and placement services based in Singapore shall apply for and attain approval from the Director to provide seafarer recruitment and placement services, and shall only operate in accordance with requirements under national law and the Maritime Labour Convention, 2006 (MLC). Services based in MLC State Parties.4 Seafarer recruitment agencies based in and licensed by State Parties to the MLC are recognised by the Director. Services based in non-mlc State Parties.5 Shipowners shall ensure that when using seafarer recruitment and placement services located in countries not party to the MLC, such services are, as far as practicable, consistent with the requirements of the MLC..6 Shipowners may engage any of the 9 Recognised Organisations (appointed and authorised by the Director) or the shipowner s internal audit mechanism to audit seafarer recruitment and placement services located in countries not party to the MLC. Shipowners may engage seafarer recruitment and placement service already audited by any of the 9 Recognised Organisations. Shipowners are required to ensure that such services are consistent 16

17 with the requirements of the MLC. 6. Hours of work or rest (Regulation 2.3).1 Shipowners shall ensure that every seafarer on board is entitled to hours of rest, and the hours of rest shall not be less than 10 hours in any 24-hour period and not less than 77 hours in any 7- day period. The minimum hours of rest may be divided into no more than two periods, one of which shall be at least 6 hours in length, and the interval between consecutive periods of rest shall not exceed 14 hours..2 Provisions in a collective agreement or any other agreement between a seafarer and a shipowner may set out exceptions from the required hours of rest in paragraph 6.1 for watchkeeping seafarers certified under STCW for watchkeeping duties, provided that the following conditions are met:.i The minimum hours of rest shall not be less than 10 hours in any 24-hour period, and not be less than 70 hours in any 7-day period, and such reduced rest periods shall not exceed 2 consecutive weeks, and the intervals between any 2 reduced rest periods shall not be less than twice the duration of the preceding rest period..ii.iii.iv The minimum hours of rest may be divided into no more than three periods, one of which shall be at least 6 hours in length and neither of the other two periods shall be less than 1 hour in length. The intervals between consecutive periods of rest shall not exceed 14 hours. There shall not be more than two 24-hour periods of reduced rest in any 7-day period..v Exceptions shall take into account the guidance regarding prevention of fatigue given in Code B of the STCW 2010 (Manila Amendments)..vi.vii Exceptions when given shall take into account more frequent, or longer leave periods or compensatory leave. The Merchant Shipping (Training, Certification and Manning) Regulations are complied with at all times..3 Additionally, provisions in a collective agreement or any other agreement between a seafarer and a shipowner may also set out exceptions from the required hours of rest in paragraph 6.1 for all seafarers whose ship is on a short voyage. (In this document, a short voyage means a voyage where, within any 24-hour period, the ship calls at two or more terminals, or locations where any loading or unloading of cargo, or embarkation or disembarkation of persons, occurs. The 24-hour period shall commence when the ship is first secured at the terminal or location where the short voyage begins.) Such exceptions shall meet the same conditions specified in paragraphs 6.2 above. 17

18 .4 The provisions setting out exceptions from the required hours of rest referred to in paragraph 6.2 and 6.3 shall be registered with the Director..5 Hours of rest means a period during which the seafarer is free to dispose of his time and movements. Meal breaks taken during hours of work shall not be considered as hours of rest..6 Shipowners are recommended to use the IMO/ILO model formats for recording daily hours of rest and shipboard working arrangements. The formats (IMO/ILO Guidelines for the Development of Tables of Seafarers' Shipboard Working Arrangements and Formats of Records of Seafarers Hours of Work and Rest) are referred to in MPA Shipping Circular 18 of Shipowners may use their own formats which shall contain at minimum the same information fields as found in the IMO/ILO model formats. 7. Manning levels for the ship (Regulation 2.7).1 Shipowners shall ensure compliance with the Minimum Safe Manning Document issued by the Director. 8. Accommodation (Regulation 3.1).1 Ships constructed on or after the date the Maritime Labour Convention, 2006 (MLC), comes into force shall comply with the requirements of the MLC..2 Ships constructed before the date when the MLC comes into force shall comply with the Merchant Shipping (Crew Accommodation) Regulations, if applicable..3 Documented inspections, by or under authority of the master and at intervals not exceeding 7 days, shall be carried out on board with respect to ensuring that seafarer accommodation is clean, decently habitable and maintained in a good state of repair. 9. On-board recreational facilities (Regulation 3.1).1 Ships constructed on or after the date the Maritime Labour Convention, 2006 (MLC), comes into force shall comply with the requirements of the MLC..2 Ships constructed before the date when the MLC comes into force shall comply with the Merchant Shipping (Crew Accommodation) Regulations, if applicable..3 Without prejudice to the requirements of the MLC, and taking into consideration the guidelines in Part B, the shipowner should as a basic requirement provide a television, reading materials and space for recreational activities. The seafarers shall be given reasonable access to ship-to-shore telephone communications, and and Internet facilities, where available, with any charges for the use of these services being reasonable in amount. 10. Food and catering (Regulation 3.2).1 Shipowners shall provide and maintain the following minimum standards for food and catering on board ships:.i The provision of food and drinking water shall be of appropriate quality, nutritional value, quantity and 18

19 variety. The provision of food and drinking water shall also take into account the number of seafarers on board, their religious requirements and cultural practices as they pertain to food, and the duration and nature of the ship s voyage..ii.iii The organisation and equipment of the catering department shall be such as to permit the provision to the seafarers of adequate, varied and nutritious meals prepared and served in hygienic conditions. The catering staff shall be properly trained or instructed for their positions..2 Shipowners shall provide seafarers on board with food and drinking water free of charge during the period of engagement..3 Shipowners shall ensure that seafarers who are engaged as ships cooks are trained, qualified and found competent in accordance with the requirements in Shipping Circular 03 of 2013, as updated from time to time on MPA website: Documented inspections, by or under authority of the master and at intervals not exceeding 7 days, shall be carried out on board with respect to:.i supplies of food and drinking water;.ii.iii all spaces and equipment used for the storage and handling of food and drinking water; and galley and other equipment for the preparation and service of meals..5 No seafarer under the age of 18 shall be employed or engaged or work as a ship s cook. 11. Health and safety and accident prevention (Regulation 4.3).1 Shipowners shall adopt, implement and promote occupational safety and health policies and programmes on board ships, including risk evaluation as well as training and instruction of seafarers..2 Shipowners shall provide and ensure reasonable precautions to prevent occupational accidents, injuries and diseases on board, including measures to reduce and prevent the risk of exposure to harmful levels of ambient factors and chemicals as well as the risk of injury or diseases that may arise from the use of equipment and machinery on board ships..3 Shipowners shall ensure that on-board programmes for the prevention of occupational accidents, injuries and diseases and for continuous improvement in occupational safety and health protection, involving seafarers representatives and all other persons concerned in their implementation, take into account preventive measures, including engineering and design control, substitution of processes and procedures for collective and individual tasks, and the use of personal protective equipment. 19

20 .4 Shipowners or masters are required to report to the Director occurrences of occupational accidents, injuries and diseases on board ships, and to also correct unsafe conditions. Details of reporting requirements are contained in Shipping Circular 04 of 2013, as updated from time to time on MPA website: Shipowners conducting risk evaluation in relation to management of occupational safety and health shall refer to appropriate statistical information from their ships and from general statistics provided by the Director..6 Shipowners shall specify the duties of the master or a person designated by the master, or both, to take specific responsibility for the implementation of and compliance with the ship s occupational safety and health policies and programmes. Shipowners shall also specify the authority of the ship s seafarers appointed or elected as safety representatives to participate in meetings of the ship s safety committee. Such a committee shall be established on board a ship on which there are five or more seafarers..7 Shipowners shall pay special attention to the safety and health of seafarers under the age of On-board medical care (Regulation 4.1).1 Shipowners shall ensure that:.i there are measures for seafarers to be given prompt and adequate medical care (including dental care) and occupational health protection relevant to their duties on board the ship;.ii.iii.iv seafarers have the right to visit a doctor or dentist without delay in ports of call, where practicable; medical care and health protection services while a seafarer is on board ship or landed in a foreign port are provided at no cost to the seafarer; and there are measures for medical care to be of preventive character such as health promotion and education programmes..2 The format of the medical report form prescribed by the Director and which shall be used by shipmasters and relevant onshore and on board medical personnel is contained in Shipping Circular 06 of 2013, as updated from time to time on MPA website: On-board complaint procedures (Regulation 5.1.5).1 Shipowners shall ensure that all ships have a set of on-board complaint procedures, as required under Regulation and Standard A5.1.5 of the Maritime Labour Convention, 2006 (MLC), for the fair, effective and expeditious handling of seafarer complaints alleging breaches of MLC..2 Shipowners shall ensure that all seafarers working on board any ship have a copy of the on-board complaint procedures. This shall include contact information for the competent authority in the flag State and, where different, in the seafarers' country of residence, 20

21 and the name of a person or persons on board the ship who can, on a confidential basis, provide seafarers with impartial advice on their complaint and otherwise assist them in following the complaint procedures available to them on board the ship..3 Details of on-board complaint procedures and information of contact details in the flag State are contained in Shipping Circular 06 of 2013, as updated from time to time on MPA website: Payment of wages (Regulation 2.2).1 Shipowners shall ensure that payments due to seafarers are paid at no greater than monthly intervals and in accordance with the seafarer employment agreement, and where applicable, any collective bargaining agreement..2 Shipowners shall ensure that seafarers are given a monthly account of the payments due and that the account contains the minimum information fields that are required by national law..3 The rate of currency exchange shall not be unfavourable to the seafarers..4 Shipowners shall take measures to provide seafarers with a means to transmit all or part of their earnings to their families or dependants or legal beneficiaries. Measures to ensure that seafarers are able to transmit their earnings to their families include:.i a system for enabling seafarers, at the time of their entering employment or during it, to allot, if they so desire, a proportion of their wages for remittance at regular intervals to their families by bank transfers or similar means; and.ii a requirement that allotments should be remitted in due time and directly to the person or persons nominated by the seafarers..5 Any charge for the service under paragraph 14.4 shall be reasonable in amount. Name: Cheong Keng Soon Title: Director of Marine Signature: (Tamper-proof digital signature of the Director of Marine) Place: Singapore Date: (Date of issuance) (Seal or stamp) 21

22 Substantial equivalencies (Note: Strike out the statement which is not applicable) The following substantial equivalencies, as provided under Article VI, paragraphs 3 and 4, of the Convention, except where stated above, are noted (insert description if applicable): No equivalency has been granted. Name: Cheong Keng Soon Title: Director of Marine Signature: (Tamper-proof digital signature of the Director of Marine) Place: Singapore Date: (Date of issuance) (Seal or stamp) Exemptions (Note: Strike out the statement which is not applicable) The following exemptions granted by the competent authority as provided in Title 3 of the Convention are noted: No exemption has been granted. Name: Cheong Keng Soon Title: Director of Marine Signature: (Tamper-proof digital signature of the Director of Marine) Place: Singapore Date: (Date of issuance) (Seal or stamp) 22

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